South Australian Consolidated Acts South Australian Consolidated Acts27—Health and safety representatives may represent groups
(1) A group of
employees may elect a health and safety representative to represent a
work group for the purposes of this Act.
(2) The constitution
of a work group will be determined by agreement between the employer
and—
(a) any
interested employees; or
(b) a
person appointed by such employees.
(3) Where an employer
is requested by an employee to act to constitute a work group for the purposes
of this section, the employer must respond to the request within 14 days of
its receipt.
(4) If an employee is
a member of a registered association, that registered association must, at the
request of the employee, be consulted in relation to any proposal relating to
the formation of a work group that could affect the employee.
(5) A work group must
be constituted in a manner that takes into account—
(a) the
need for a health and safety representative representing that group to be able
to perform his or her functions effectively; and
(b) the
need for the employer to be able to fulfil his or her responsibilities to a
health and safety representative representing that group effectively.
(6) Insofar as may be
relevant to a particular case, and subject to any guidelines issued by the
Advisory Committee, the following matters should be considered in relation to
the constitution of a work group:
(a) the
number of employees employed by the employer;
(b) the
nature of each type of work performed by the employer's employees;
(c) the
number and grouping of employees who perform the same or similar types of
work;
(d) the
areas or places where each type of work is performed;
(e) the
extent to which any employee must move from place to place while at work;
(f) the
times at which particular work is performed;
(g) the
overtime or shift-work arrangements that apply in relation to the performance
of work;
(h) the
nature of particular risks involved in each type of work;
(i)
any other relevant factor.
(7) Where—
(a) an
employer fails to respond to a request in accordance with subsection (3);
or
(b) a
dispute arises in relation to the constitution of a work group under this
section,
an employee, the employer or, if any employee is a member of a registered
association, that registered association if so requested by such an employee,
may refer the matter to the Industrial Commission.
(8) Where a matter is
referred to the Industrial Commission under subsection (7), the
Industrial Commission must attempt to resolve the matter by conciliation.
(9) If a matter cannot
be resolved within a reasonable time by conciliation under
subsection (8), the Industrial Commission must refer the matter to the
President of the Industrial Court for determination by a review committee.
(10) The
review committee may determine how a particular work group or groups are to be
constituted and the decision of the review committee is binding on all
parties.
(11) The constitution
of a work group may be varied at any time—
(a) by
agreement between the employer and—
(i)
any interested employees; or
(ii)
a person appointed by such employees; or
(b) in
default of agreement, by a review committee.
(12) The employer must
keep a list of the work groups constituted under this section.
(13) A copy of the
list must be displayed by the employer in a prominent place at his or her
principal place of business, or at any other place that is appropriate taking
into account the constitution of the various work groups.